Disarm Hate Act
- Sponsor
- Sen. Luján, Ben Ray [D-NM]
- Committees
- Judiciary Committee (primary)
- Last action
- Nov 20, 2025
Bottom line
The Disarm Hate Act expands federal firearm prohibitions to include individuals with certain misdemeanor hate crime convictions or enhanced sentences, aiming to prevent hate-motivated violence.
What it actually does
This bill amends federal firearms law to prohibit individuals convicted of a misdemeanor hate crime or who have received an enhanced sentence for a misdemeanor due to hate or bias from purchasing, possessing, shipping, or transporting firearms. It defines "misdemeanor hate crime" to include offenses motivated by hate or bias based on protected characteristics, involving physical force or credible threats, and outlines conditions for such convictions to apply, including right to counsel and jury trial waivers.
Proponents argue
Supporters argue this bill closes a dangerous loophole that currently allows individuals convicted of violent, hate-motivated misdemeanors to legally acquire firearms. They contend that individuals who have demonstrated a propensity for hate-fueled violence pose a significant risk to specific communities and the broader public, and that disarming them is a common-sense measure to enhance public safety and prevent further hate crimes.
Opponents contend
Opponents might argue that expanding firearm prohibitions to include misdemeanors could infringe upon Second Amendment rights for offenses that do not rise to the level of a felony. They may also raise concerns about the definition of "hate or bias" and potential for overreach or misuse, particularly regarding enhanced sentences where the primary offense is a misdemeanor.
The bill is concise and clearly written, making it accessible for a reader to understand its core provisions quickly.
Section 2(a), amending 18 U.S.C. 921(a) by adding paragraph (39)
Definition of Misdemeanor Hate Crime Conviction
This provision defines what constitutes a "misdemeanor hate crime" for the purpose of federal firearm prohibitions. It specifies that the offense must be a misdemeanor under Federal, State, or Tribal law, motivated by hate or bias based on race, color, religion, national origin, gender, sexual orientation, gender identity, or disability, and involve physical force, threatened use of a deadly weapon, or a credible threat to physical safety. It also includes safeguards, requiring the person to have had counsel or waived it, and a jury trial or waived it, and excludes convictions that have been expunged, set aside, or pardoned unless firearm rights are explicitly denied.
Supporters argue
Supporters argue this precise definition targets individuals who have demonstrated a clear pattern of hate-motivated violence, ensuring that the prohibition is narrowly tailored to those who pose a specific threat while respecting due process rights through the counsel and jury trial requirements.
Critics contend
Critics might argue that the definition, particularly the "credible threat to physical safety" clause, could be interpreted broadly, potentially encompassing a wider range of actions than intended and leading to an overreach of federal power.
Tradeoffs
This provision balances the goal of preventing hate-motivated violence with ensuring due process for individuals, by including specific requirements for legal representation and jury trial waivers.
Section 2(a), amending 18 U.S.C. 921(a) by adding paragraph (40)
Definition of Enhanced Hate Crime Misdemeanor Sentence
This provision defines when a person has "received an enhanced hate crime misdemeanor sentence." It applies when a court imposes a sentence for a misdemeanor involving physical force, threatened use of a deadly weapon, or a credible threat to physical safety, and the sentence is based, in whole or in part, on a judicial finding that the offender's conduct was motivated by hate or bias. Similar to the conviction definition, it includes safeguards for legal representation and jury trial waivers, and excludes expunged or pardoned sentences.
Section 2(b), amending 18 U.S.C. 922(d)
Prohibiting Firearm Sales to Misdemeanor Hate Crime Offenders
This section amends federal law to make it unlawful for any licensed importer, manufacturer, dealer, or collector to sell or otherwise dispose of any firearm to any person who "has been convicted in any court of a misdemeanor hate crime, or has received from any court an enhanced hate crime misdemeanor sentence." This directly integrates the new definitions into the existing federal background check system.
Section 2(c), amending 18 U.S.C. 922(g)
Prohibiting Firearm Possession by Misdemeanor Hate Crime Offenders
This section amends federal law to make it unlawful for any person "who has been convicted in any court of a misdemeanor hate crime, or has received from any court an enhanced hate crime misdemeanor sentence," to ship or transport any firearm or ammunition in interstate or foreign commerce, or to possess any firearm or ammunition. This means individuals already possessing firearms who fall under these new definitions would be required to relinquish them.